In early 2014, Missouri took a significant step by reducing penalties for certain marijuana offenses, including eliminating the possibility of jail time for first-time possession of up to ten grams of marijuana. The momentum continued in 2018 when Missouri voters embraced Amendment 2, paving the way for the legal use of cannabis for medical purposes. However, the real turning point came in 2022 when Amendment 3 was passed, making Missouri the twenty-first state in the U.S. to legalize recreational marijuana for adults. This groundbreaking measure received approval from 53% of the state’s voters.
With the passage of Amendment 3 in 2022, recreational marijuana is now fully legal for adults aged 21 and older in the State of Missouri. Adults can now possess up to three ounces of cannabis for recreational consumption, and for a $100 application fee, they have the option to apply for a license to cultivate their own marijuana. Eligibility for a cultivation license requires individuals to be 21 or older and adhere to strict guidelines, such as growing no more than eighteen marijuana plants within a securely locked area on their property, concealed from public view.
Grant Rahmeyer, from Rah Law, emphasizes that landlords wield full authority when it comes to establishing the rules for their rental properties. Whether it’s about allowing pets or determining smoking policies, landlords have the final say in creating a smoke-free environment. Be it a medical remedy or an anti-tobacco product, the power to decide ‘smoke or no smoke’ squarely rests with the property owner.
Landlords have the authority to prohibit all forms of smoking, including medical marijuana, in their rental properties. They can include a no-smoking policy in the lease or rental agreement, allowing them to terminate the tenancy of or evict tenants who violate this policy. When the policy is part of the rental’s rules and regulations, landlords can take action against tenants for repeated or severe violations, but the outcome depends on the specific circumstances.
Medical marijuana in Missouri is also subject to specific regulations. Patients suffering from qualifying conditions such as cancer, epilepsy, glaucoma, chronic pain, anxiety disorders, and post-traumatic stress disorder (PTSD) can obtain a medical marijuana card, provided they are diagnosed with the condition. Only patients or their caregivers with valid state-issued ID cards are allowed to possess medical marijuana. For landlords, the key lesson is to infuse robust no-smoking provisions into your lease or rental agreements and maintain their consistent enforcement. By doing this, you can steer clear of relying on the “illegal activity” argument, which may not find favor with a judge hesitant to evict a tenant with an otherwise clean record.
You can read the full article: Fact Finders: Medical marijuana quandary for apartment renter by clicking the link.